Adaptalift GSE Pty Ltd T/A Adaptalift GSE Summary

[2022] FWCA 541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adaptalift GSE Pty Ltd T/A Adaptalift GSE

(AG2021/9055)

Adaptalift GSE Collective Agreement 2021

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DEPUTY PRESIDENT CROSS	SYDNEY, 17 FEBRUARY 2022

Application for approval of the Adaptalift GSE Collective Agreement 2021

An application has been made for approval of an enterprise agreement known as the Adaptalift GSE Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adaptalift GSE Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that the Agreement contains an NES precedence clause at cl. 7.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 17 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application for the approval of the Adaptalift GSE Collective Agreement 2021, submitted by Adaptalift GSE Pty Ltd T/A Adaptalift GSE. The application sought the endorsement of the agreement, which was negotiated between the employer and the union, to ensure its compliance with the relevant industrial laws and to establish terms and conditions of employment for the workers covered by the agreement.

The legal issues that the Commission needed to resolve included whether the agreement met all the statutory requirements under the Fair Work Act 2009, such as whether it was made in good faith and covered matters that were genuinely intended to be bargained over. Additionally, the Commission needed to determine whether the agreement provided adequate protection for employee rights and whether it was sufficiently clear and accessible to the employees it was intended to cover.

After reviewing the evidence and submissions from both parties, the Commission found that the Adaptalift GSE Collective Agreement 2021 was made in good faith and covered genuine matters for bargaining. The Commission determined that the agreement was in line with the statutory requirements and provided adequate protection for employee rights. The Commission was satisfied that the agreement was sufficiently clear and accessible to the employees it was intended to cover. As a result, the Commission approved the Adaptalift GSE Collective Agreement 2021, effective from the date of the decision. The decision was made in accordance with the legal framework set out in the Fair Work Act 2009 and relevant case law.

Adaptalift GSE Pty Ltd T/A Adaptalift GSE

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established